Mail Fraud Attorney In New York

A target letter, a grand jury subpoena or two federal agents asking about invoices you mailed years ago: Any of these can be the first sign that you are under investigation for mail fraud. Prosecutors use the charge to reach almost any business dealing that touched the postal system.

At The Law Office of Jeffrey Chabrowe, attorney Jeffrey Chabrowe brings the perspective of a former Manhattan prosecutor to federal mail fraud cases. He knows how the government builds them, how heavily it relies on quick plea deals and what it takes to defend a complex case through a long trial. Schedule your consultation by calling 212-235-1510.

How Federal Mail Fraud Charges Arise In New York City

Federal prosecutors charge mail fraud under 18 U.S.C. § 1341, which makes it a crime to use the mail to carry out a scheme to defraud. The statute covers the U.S. Postal Service and private carriers such as FedEx, so a single envelope can move a case into federal court.

In New York City, the U.S. Attorney’s Offices for the Southern and Eastern Districts handle these prosecutions and often pair mail fraud with wire fraud under 18 U.S.C. § 1343. Mr. Chabrowe defends both charges as part of the firm’s federal white collar defense work.

Penalties And Sentencing Under 18 U.S.C. § 1341

A mail fraud conviction carries up to 20 years in federal prison per count. When the scheme affects a financial institution or disaster relief funds, the maximum rises to 30 years and a $1 million fine.

Judges rarely impose the statutory maximum. Federal courts begin with the U.S. sentencing guidelines, which produce a recommended range based on the facts of the case. In fraud cases, a handful of factors drive that range:

• Loss amount: The actual or intended dollar loss is the largest single driver of a fraud sentence. How the government calculates that number is often the central dispute at sentencing.
• Number of victims: Schemes that reach 10 or more victims, or that cause substantial financial hardship to any of them, carry added enhancements.
• Sophisticated means: Offshore accounts, shell companies or layered transactions can add levels to the guidelines calculation.
• Role in the offense: Organizers and leaders face higher ranges, while minor participants may qualify for a reduction.

A conviction also brings mandatory restitution, forfeiture and, for a physician, broker or contractor, the likely loss of a professional license.

Should You Take The First Plea Offer The Government Makes?

Many people facing mail fraud charges assume the only question is how quickly to plead. Prosecutors count on that assumption because a fast deal spares them the work of proving intent to a jury.

Mr. Chabrowe has sat on the other side of that table. He knows where the government’s proof tends to be thin, particularly related to whether you intended to deceive anyone, and he reviews the discovery and loss calculation before advising on any offer. Sometimes the right course is a negotiated resolution. Sometimes it is a trial, and he does not shy away from a long one.

FAQ: Important Insights On Federal Mail Fraud Defense In New York

People under federal investigation tend to search for the same three things. Here are direct answers to the questions attorney Chabrowe hears most often.

What exactly constitutes mail fraud?

Mail fraud is a scheme to obtain money or property through false statements that uses the mail to help carry it out. The mailing does not need to contain the lie itself. Common examples include fake investment offerings, inflated insurance claims and billing for medical services no one provided.

What are the penalties for mail fraud?

The statute allows up to 20 years in prison per count, or 30 years and a $1 million fine when a bank or disaster relief program is involved. The actual sentence depends on the guidelines factors above and your criminal history.

What does the government need to prove to convict someone of mail fraud?

Prosecutors must prove three elements beyond a reasonable doubt: A scheme to defraud, intent to defraud and use of the mail to further it. Defendants most often dispute intent. Honest mistakes and failed business ventures are not mail fraud unless the government can show you set out to deceive.

Get A Former Prosecutor’s Assessment Of Your Mail Fraud Case

Prosecutors can use anything you tell agents before you hire a lawyer against you at trial, so the earlier you involve defense counsel, the more options remain open.

The Law Office of Jeffrey Chabrowe represents clients throughout New York City and across New York, and Mr. Chabrowe accepts federal cases nationwide. Call 212-235-1510 or send a confidential message to our office to speak with a mail fraud lawyer about your case.